INTELLECTUAL PROPERTY RIGHTS (IPR)

Dr.L.MALATHI

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 INTELLECTUAL PROPERTY RIGHTS (IPRs)

PROPERTY

Tangible Intangible

Movabl Immovable Intellectual Property

e eg : eg:
Car Building

Industrial Property Related Copyright

Related

Patents, Designs, Trademarks, GIs

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 INTELLECTUAL PROPERTY RIGHTS (IPRs)

Patents

Trademarks Copy Rights

IPR
Geographical
Industrial Design Indications

 Exclusive rights given to person over the creation of

their minds for certain periods of time
 Legal right
 Intangible potential asset
 Negative rights i.e., it prevents others to use his/her
creation for a definite time

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 INTELLECTUAL PROPERTY RIGHTS (IPRs)

 not to be confused with IP

 it is a right vested in the asset, not the asset itself
 example
 an idea / invention is IP, a patent registration is an IPR
 a customer / price list is IP, a right of confidentiality is an
IPR
 a secret production method is IP, a right to a trade secret
is an IPR
 a particular way of representation is IP, copyright or a
design registration is an IPR
 a brand / trade name is IP, a trade mark registration is
an IPR 4
 INTELLECTUAL PROPERTY RIGHTS (IPRs)

The intellectual property rights were essentially recognized and

accepted all over the world due to some very important reasons.

 To provide an incentive to individuals for new creations

 To accord due recognition to the creators and inventors

 To ensure material reward for intellectual property

 To make available genuine and original products.

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 INTELLECTUAL PROPERTY RIGHTS (IPRs)
“COPYRIGHT”
“INDUSTRIAL LITERARY
PROPERTIES” NOVEL
PATENTS POEM
INDUSTRIAL DESIGNS PLAYS
TRADEMARKS FILMS
TRADE SECRETS MUSICAL
PLANT VARIETIES ARTISTIC
INTEGRATED DRAWINGS
CIRCUITS PHOTOGRAHS
GEOGRAPHICAL PERFORMING ARTS
INDICATORS SCULPTURES
SOFTWARE
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 VARIOUS KINDS OF IPRS

Patents:
 Inventions (Products, Processes, Materials, Compositions)
Technical Solution to a Technical problem
Industrial Designs:
 External features appealing to the eye
New Shape, Pattern or Configuration
Trade Marks:
 A visual symbol such as a Word, Name, Logo, Label,
Monogram, Slogan etc.
 Applied on Article of Manufacture or Service
 Indicates the origin of goods and services

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 VARIOUS KINDS OF IPRS

Copyrights:
 Artistic, literary, musical and dramatic creations
 Proprietary right
 Comes into existence as soon as the work is created

Geographical Indications (GIs):

 Identifies agricultural, natural or manufactured goods
originating from a definite territory in India
 Possessing special quality or reputation based upon unique
characteristics of the geographical location

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 ORGANIZATION STRUCTURE

Ministry of Commerce & Industry

Dept. Of Industrial Policy & Promotion

Controller General of Patents, Designs & Trade Marks

Geographical Patent
Patent & Design Trade Marks
Indications Information
Office Registry
Registry System
Mumbai
Kolkata
Chennai
Kolkata RGNIIPM
Delhi
Delhi
Mumbai Chennai NAGPUR

Chennai Ahmadabad
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 PATENT OFFICE- MUMBAI

The Patent Office,

Government of India,
Boudhik Sampada Bhavan,
Near Antop Hill Post
Office, S.M.Road,Antop
Hill, Mumbai – 400 037
Phone: (91)(22) 24137701
Fax: (91)(22) 24130387
Email: mumbai-
[email protected]

The States of Gujarat, Maharashtra,

Madhya Pradesh, Goa and Chhattisgarh
and the UTs of Daman & Diu and Dadra
& Nagar Haveli

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 PATENT OFFICE - CHENNAI

The Patent Office,

Government of India,
Intellectual Property Rights
Building,
G.S.T. Road, Guindy,
Chennai – 600 032.
Phone: (91)(44) 2250
2081-84
Fax: (91)(44) 2250
2066
Email: chennai-
[email protected]

The States of Andhra Pradesh,

Telengana, Karnataka, Kerala, Tamil
Nadu and the UTs of Pondicherry
and Lakshadweep.
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 PATENT OFFICE NEW DELHI

The Patent Office,

Boudhik Sampada
Bhavan,
Plot No. 32., Sector-14,
Dwarka, New Delhi – 1 0075
Phone: (91)(11) 2808 1921 – 25
Email: [email protected]

The States of Haryana, Himachal

Pradesh, Punjab, Rajasthan, Uttar
Pradesh, Uttaranchal, Delhi and the UTs
of Chandigarh, Jammu & Kashmir and
Ladakh

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 PATENT OFFICE - KOLKATA

The Patent Office (Head

Office), Boudhik Sampada
Bhavan,
CP-2, Sector –V, Salt Lake City,
Kolkata- 700 091
Phone: (91)(33) 2367 1943
/44/45/46/87
Fax: (91)(33) 2367 1988
Email: [email protected]

Rest of India

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RGNIIPM - NAGPUR

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 VALIDITY OF IPR

SI IPR Maximum Renewal Act/Rule

No. Protection

1 Patent 20 Yrs *Every year The Patents Act,1970 Amended in

(mandatory) 2005

2 Trade Mark Life long After 10yrs The Trade Marks Act, 1999
Amended in 2010
3 Design 15 Yrs After 10 The Designs Act, 2000 & Designs
years for (Amendment) Rules, 2014
next 5 years
4 Copyright 60 years Not require The Copyright Act, 1957 Amended
in 2012
5 Geographical Life long After 10 Yrs The Geographical Indications of
Indication Goods (Registration and
(GI) Protection) Act, 1999

*Patents will cease and be transferred to public domain if Patents are

not renewed within 6 month of expiry of concerned year by paying
renewal fee.
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 RELATION BETWEEN IPRs

 The logo Coca-Cola is an example for TRADE

MARK.
 Shape of the bottle – an INDUSTRIAL DESIGN.
 PATENT may have been obtained in
respect of bottling equipment.
 COPYRIGHT – in respect of the text, database
or artistic work appearing on its website.
i.e., A single product can be
protected by more than one IPR.

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INTRODUCTION TO IPR

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 PATENTS
 It is the exclusive right of inventor to prevent others from
possessing, using, selling, manufacturing and importing
the patented invention or offering to do any of these with
in a definite geographical area.
 Patents have territorial jurisdiction i.e., we have to
register the patents in all countries where we have our
interests.
 Patent application can be filed online in India by inventor
or his assignee on www.ipindia.nic.in

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 PATENTS

Patent is an exclusive monopoly right:

 Granted by Government of India
 For an Invention
 To the Inventor or his Assignee
 As a Territorial Right
 In lieu of Disclosure of invention to the Government
 Term of Patent: 20 years from date of filing

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 PATENT ACT & RULES

 In India, Patent rights are governed by the Patents Act,

1970. At present 3rd amendment of Act known as the
Patent (Amendment) Act, 2005 is in force.
 For application of Patents Act, rules are made by the
Government, which are known as “Patent Rules, 2003”,
as of now Patent (Amendment) Rule, 2006 and further
updated in Sept’2015 are in force.
 For better understanding of Act & Rules, “Draft Manual
of Patent Practice & Procedure (MPPP), 2008” is made
by the patent office.
 There are 4 patent offices in India having work
distribution according to their geographical location
viz. Kolkata, Delhi, Mumbai & Chennai
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 PATENT ACT & RULES

Criteria of Patentability:
 Novelty
 Inventive step or it must be non-obvious
 Capable of industrial application
 Not fall within the provision of section 3 & 4 of the Patents
Act 1970
Patents Act 1970:
 Section3: List which are not inventions
 Frivolous or obvious
 Contrary to well established natural laws
 Injurious to Public Health
 Mere arrangement or re-arrangement,
 Discovery of Scientific principle
 Discovery of living thing or non-living substances in
nature
 Method of agriculture or horticulture
 A mathematical or business method or a computer
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program
 Section4: Not-patentable: Atomic Energy related
 INDUSTRIAL DESIGN
Ornamental or aesthetic aspect of a useful article of industry.
 Aspect that gives special appearance
Aspect which differentiates from current products
Only the aesthetic/visual form of a product
 not the Technical (Patents)
 nor Distinguishing Features (Trade Marks)
The ornamental or aesthetic aspects of an article
consist of:
 Three dimensional features, such as the shape, surface
or texture of an article or
 Two dimensional features, such as patterns, lines or
colours.
Design makes the product attractive and appealing to the consumers
and adds to its commercial value for that reason.
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 INDUSTRIAL DESIGN

 Exclusive right against unauthorized copying

 Protection normally lasts for an initial ten years, after
which it can usually be renewed for, in most cases, up
to 15 years.
 Promotes more ive and attractive ts
innovat aesthetically produc

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 TRADEMARKS

 Generally “Brand” or “Logo”

 A visual symbol which may be word signature, name, device,
label, numerals or combination of colors used by one undertaking
on goods or services or other articles of commerce to
distinguish it from other similar goods or services originating
from a different undertaking
 Any Name which is not unusual for trade to adopt as mark
 Device or Symbol or Monogram
 Shape of goods or their packing
 Combination of colors or even a single color in combination with
word or device

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TRADEMARKS

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 COPYRIGHT (Governed by the Copyrights Act,1957)

Copyright in :
a)Original literary , dramatic, musical and artistic works;
-Computer Software's, Engineering Drawings
b) Cinematographic films; and
c) Sound recordings.
Copyright –Right to reproduce, make copy, adaptations
and translations as applicable
Term : Usually lifetime of the author until sixty years
following the year of death of author
Authors Rights- Moral Rights-Authorship/Object to
Alterations
Resale Share Right In original Copies
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SOME ILLUSTRATIVE EXAMPLES OF WORKS.

Literary works : Novels, Diaries, Poems

Musical works: Symphonies, Jazz, Improvisation

Choreographic works : Dance, Ballet

Artistic works : Paintings, Engravings, Sculptures

Architectural works : Buildings themselves

Figurative works : Maps, Drawings and Charts of a scientific nature

Cinematographic Works : Movies, Video

Photographic works : Photographs, Photogravures

Program works : Computer Programs 27

 OTHER CATEGORIES OF PROTECTABLE WORKS
Derivative works:
A “derivative work” means a work created by translating, arranging
musically, transforming, or dramatizing, cinematizing or otherwise adapting
a pre-existing work .

EXAMPLES :
① translated works; ② arranged works ; ③ transformed works; and ④
adapted works.
To exploit these works, authorization must be obtained from the copyright
owner of not only the derivative work, but also of the original work .
Compilations:
“Compilations” are works (not falling within the term “databases”) which
constitute intellectual creations, by reason of the selection or arrangement of
their materials .
EXAMPLES
(e.g. Periodicals ;Databases ;Anthologies ;Audio-visual works ;Web pages) .
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 COPYRIGHTS
• India has a very strong and comprehensive copyright law based on
Indian Copyright Act. 1957 which was amended in 1981, 1984, 1992,
1994 and 1999 (w.e.f. January 15, 2000).
• The amendment in 1994 were a response to technological changes in the
means of Communications like broadcasting and telecasting and the
emergence of new technology like computer software.
• The 1999 amendments have made the Copyright Act fully compatible
with Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Agreement. & fully reflects Berne Convention.
• The amended law has made provisions for the first time, to protect
performers’ rights as envisaged in the Rome Convention. With these
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amendments the Indian Copyright law has become one of the most
GEOGRAPHICAL INDICATIONS(Governed By The Geographical
Indication of Goods (Registration & Protection)Act,1999 )

 GIs identify agricultural, natural or manufactured goods

associated with a territory/region/locality.
 GI gives protection to the group of people or associations
involved in the production of the product using traditional
skills and knowledge
 The manufactured goods should be produced or processed
or prepared in that territory. This gives a special quality to the
product due to geographical/climatic environment,
reputation, specific manufacturing/farming skills, traditions
and other characteristics attributable to origin.
 It consists of the name of the place of origin & originates
from a definite geographical territory.
 Darjeeling Tea, Kancheepuram Saree, Kolhapuri Chappals,
Tirupati Laddu, Nagpur Orange etc. 30
 GEOGRAPHICAL INDICATIONS
Examples of Indian Geographical Indications:
 Basmati Rice
 Darjeeling Tea
 Kanchipuram Silk Saree
 Alphonso Mango
 Nagpur Orange
 Kolhapuri Chappal
 Bikaneri Bhujia
 Agra Petha

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 PROTECTION OF NEW VARIETIES OF PLANTS
(TO BE GOVERNED BY SUI GENERIS SYSTEM
THE PROTECTION OF PLANT VARIETIES AND FARMER’S RIGHTS ACT,
2001)

NEW PLANT VARIETY: a )DISTINCT b) UNIFORM and c)STABLE

THE OBJECTIVES OF THE ACT ARE AS FOLLOWS :

• TO PROVIDE FOR THE ESTABLISHMENT OF AN EFFECTIVE SYSTEM
FOR PROTECTION OF PLANT VARIETIES;
• TO PROVIDE FOR THE RIGHTS OF FARMERS AND PLANT
BREEDERS;
• TO STIMULATE INVESTMENT FOR RESEARCH AND DEVELOPMENT
AND TO FACILITATE GROWTH OF THE SEED INDUSTRY;
• TO ENSURE AVAILABILITY OF HIGH QUALITY SEEDS AND 32

PLANTING MATERIALS OF IMPROVED VARIETIES TO FARMERS

 LAYOUT DESIGNS (TOPOGRAPHIES) OF
INTEGRATED CIRCUITS
[TO BE GOVERNED BY THE SEMICONDUCTOR INTEGRATED CIRCUITS
LAYOUT DESIGNS LAW (SICLD) ACT, 2000]

• THE SEMI-CONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN (SICL

D)ACT, 2000
IS THE GOVERNING ACT FOR 'LAY OUT DESIGNS OF INTEGRATED
CIRCUITS' IN INDIA.
• THE AIM OF THE ACT IS TO PROVIDE PROTECTION OF INTELLECTUAL
PROPERTY RIGHT (IPR) IN THE AREA OF SEMICONDUCTOR INTEGRATED
CIRCUIT LAYOUT DESIGNS AND FOR MATTERS CONNECTED THEREWITH
OR INCIDENTAL THERETO.
• THE ACT IS IMPLEMENTED BY THE
DEPARTMENT OF INFORMATION TECHNOLOGY, MINISTRY OF
INFORMATION TECHNOLOGY.
• THE
SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN REGISTRY
(SICLDR)
IS THE OFFICE WHERE THE APPLICATIONS ON LAYOUT-DESIGNS OF 33
INTEGRATED CIRCUITS ARE FILED FOR REGISTRATION OF CREATED IPR.
• THE REGISTRY HAS JURISDICTION ALL OVER INDIA.
 Music played on the
CD player is
protected by
Industrial design copyright
protection for 3D
shape

Various
technical parts
& mechanisms
are subject
Brand name- mater of
registered under protection
trademark under Patents
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 IPR

 Differentiates Your Products And Services From Others

 Promotes Your Products And Services And Creates A
Loyal Clientele
 Diversifies Your Market Strategies To Various Target
Groups
 Popularizes You In Foreign Countries
 Keeps Away Your Competitors/Copiers

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THANK YOU

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